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MASCARENAS v. STATE

Nos. 12872, 12895.

612 P.2d 1317 (1980)

94 N.M. 506

Samuel MASCARENAS, Jr., Petitioner, v. STATE of New Mexico, Respondent, (two cases). Darrell Jean STELLY, Petitioner, v. STATE of New Mexico, Respondent. Harmon Lee ELLIS, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

June 26, 1980.

Attorney(s) appearing for the Case

Martha A. Daly, App. Defender, Melanie S. Kenton, Michael Dickman, Asst. App. Defenders, Santa Fe, for petitioners.

Jeff Bingaman, Atty. Gen., Walter G. Lombardi, Asst. Atty. Gen., Santa Fe, for respondent.

OPINION

SOSA, Chief Justice.

Defendants Mascarenas, Stelly and Ellis had appeals pending before the Court of Appeals at the time of their brief escape from the New Mexico State Penitentiary. Upon motion by the State, the court dismissed their appeals. We granted certiorari and now reverse.

Mascarenas was sentenced to the New Mexico State Penitentiary upon conviction for armed robbery and assault upon a police officer. A timely notice of appeal was...

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